Does the lack of probable cause constitute malice in determining whether a claim was brought with malice?
California, United States of America
The following excerpt is from Glavinovich v. Davis, G046730 (Cal. App. 2013):
Glavinovich argues that malice can be inferred from nothing more than the lack of probable cause, but the lack of probable cause alone is insufficient. (Drummond v. Desmarais (2009) 176 Cal.App.4th 439, 452.) Were it otherwise, the malice requirement would simply disappear. "A lack of probable cause is a factor that may be considered in determining if the claim was prosecuted with malice [citation], but the lack
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